NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: KAMM, William v Regina [2008] NSWCCA 290
HEARING DATE(S): 25 November 2008
JUDGMENT DATE: 10 December 2008
JUDGMENT OF: Giles JA at 1; Latham J at 60; Mathews AJ at 61
DECISION: Appeal dismissed.
CATCHWORDS: Criminal law - sexual offences - whether miscarriage of justice through witness' allegation that counsel complicit in destruction of documents - counsel and witness at cross purposes - not truly allegation of impropriety or likelihood of prejudice to accused - rational decision by counsel not to apply for discharge of jury or take some other course to negate possible prejudice to accused - whether miscarriage of justice through certain cross-examination by Crown Prosecutor - was relevant and not offensive - had substantial probative value - not outweighed by risk of unfair prejudice.
CATEGORY: Principal judgment
Ali v Regina [2005] HCA 8; (2005) 214 ALR 1; Nudd v Regina [2006] HCA 9; (2006) 225 ALR 161; CASES CITED : R v VN [2006] VSCA 111; Seymour v R [2006] NSWCCA 206; (2006) 162 A Crim R 576; TKWJ v The Queen [2002] HCA 46; (2002) 212 CLR 124; Wakeley v The Queen [1990] HCA 23; (1990) 93 ALR 79.
PARTIES: William Kamm - Applicant The Crown - Respondent
FILE NUMBER(S): CCA 2007/00004049
COUNSEL: P Boulten SC - Appellant D Arnott SC - Crown
SOLICITORS: Salvatore Macedone, Miranda - Applicant Solicitor for Public Prosecutions - Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 06/11/0741
LOWER COURT JUDICIAL OFFICER: Berman DCJ
LOWER COURT DATE OF DECISION: 24 August 2007 (Sentence)
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